Anoka City Council

June 21, 2022 (Regular) Page 1 of 12 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS JUNE 21, 2022 1. CALL TO ORDER Mayor Rice called the regular meeting of the City Council to order at 7:05 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp. Staff present: City Manager Greg Lee; Public Services Director Mark Anderson; Police Chief Eric Peterson; Finance Director Brenda Springer; Director of Community Development Doug Borglund; Senior City Planner Clark Palmer; and City Attorney Scott Baumgartner. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 May 23, 2022, Worksession. June 6, 2022, Regular Meeting. Councilmember Skogquist noted corrections were needed to the May 23, 2022, worksession minutes correcting the Human Rights petitioner from Mike Clark to Mike Erickson. Motion by Councilmember Skogquist, seconded by Councilmember Wesp, to approve the May 23, 2022, Worksession and June 6, 2022, Regular Meeting minutes as corrected. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Police Activity Update. Police Chief Eric Peterson shared patrolling changes due to increased summer activity in the downtown area, parks and trail systems and the increase in the number of golf carts being used on the City’s trail system and how they were working to educate the public prior to issuing any fines or revoking permits. He spoke about the upcoming Safety Fair and Cook Out with Cops then shared an June 21, 2022 (Regular) Page 2 of 12 update on Officer Holton who will be the new K-9 trainer and how the City had received enough grants and donations from the United States Police Canine Association (USPCA), American Legion, Rotary Club and the Anoka Lions to fully fund the training of $17,000. Chief Peterson shared that Sergeant Sorteberg and K-9 Bravo will be receiving recognition from the USPCA for Police K-9 of the Year for their work in the incident that resulted in Bravo being shot in line of duty. He noted there were thousands of K-9s working throughout the country with hundreds of quarterly submissions and that he was very proud of this recognition. He shared about Federal Cartridge’s 100th anniversary that included a live auction with the goal of raising $200,000 for Anoka Police Department, ACBC Food Shelf, and Feed My Starving Children and with additional money raised and a donation from 10K Brewing $72,899.34 will be presented to the department. Chief Peterson said he was honored to receive this donation and assured the public that it will be put towards the officers for the best possible training and thanked Federal Cartridge for their continued support. Councilmember Weaver inquired about recent changes that could result in the City having to return the MRAP military vehicle to the federal government. Chief Peterson explained how the City received the equipment in 2018 for use during events, rescues, and disaster relief and spoke about the executive order on accountable policing which limits the transfer of certain equipment to civilian law enforcement and the need to certify its use. He said the resolution accepting the vehicle outlined its use and that while the City may have to provide some documentation, he was confident we could retain the vehicle. Councilmember Barnett asked if the vehicle could be used for other events or restricted. Chief Peterson explained the intent of the order is that cities do not use it to suppress crowds but allow for peaceful gatherings and that the department will continue to use it as a barricade when needed. Councilmember Barnett spoke about the increase in gas prices and if the City was pulling back on the use of squads in exchange for hybrid and bicycles. Chief Peterson said while he had not be directed to limit vehicle use to save gas they were working to utilize bikes where possible in the field as well as UTVs and stated the department would not be changing levels of service due to potential gas savings such as responding only to telephone calls instead of in the field. 4.3 Highway 10 Anoka Construction Update. Public Services Director Mark Anderson shared an update on construction status that included the project’s hotline contact information then reviewed current and upcoming closures, temporary signals, and further communications regarding construction projects. June 21, 2022 (Regular) Page 3 of 12 OTHER INFORMATION UNDER OPEN FORUM Rebecca Hartmann, 2336 3rd Avenue, and Betty Mortensen, 13401 Radisson Road, Ham Lake, spoke about backyard beekeeping and the request to do so in Anoka and would like to be part of the process of consideration. They shared facts about impacts such as bee stings and other safety concerns then spoke about educational opportunities and the benefits of bees for pollination and shared their support for an ordinance. Councilmember Barnett said she was excited to learn what other cities are doing around beekeeping then asked about the potential for swarms at bird baths for water and if this was a concern. Ms. Hartmann responded most beekeepers provide water sources in their yards but suggested language be incorporated into any ordinance as a way to address that concern. Senior City Planner Clark Palmer said the focus of the worksession was more on a community-based apiary and while staff has not found many who have those, they were continuing to research aspects such as the number of permits, lot size, fly- away barriers, and other elements. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Barnett seconded by Councilmember Weaver, to approve Consent Agenda 6.1 through 6.9 as presented. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Waiving Monetary Limits for Liability Coverage and Annual Insurance. 6.4 Issuance of a Massage Business License for Laurainna Busch of Anoka Massage and Pain Therapy, 710 East River Road. 6.5 Temporary On-Sale Liquor License; Anoka Lions Club; Anoka County Fair July 26-31, 2022. 6.6 Temporary On-Sale Liquor License; Minnesota Food Truck Association for the Anoka Food Truck Festival on August 20, 2022. 6.7 U.S. Highway 10/169 Improvement Project; Approve Change Order Numbers 7, 12, and 18. June 21, 2022 (Regular) Page 4 of 12 6.8 Temporary On-Sale Liquor License; 10K Brewing LLC; Jam by the Dam, August 7, 2022. 6.9 Highway 10 Rum River Bridge and Corridor Project; Approve Change Order Numbers 2 and 5. Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1 Economic Development Commission Community Development Director Doug Borglund said the Council was being presented three separate resolutions for consideration by the Economic Development Commission (EDC) that addressed Green Haven Golf Course redesign, improvements to the 7th Avenue/East River Road area, and the proposed Anoka County jail facility expansion. Councilmember Weaver said he appreciated the input from the EDC as they had much experience in their jobs and was excited to receive good recommendations. 7.1.A. EDC Resolution 2022-01; Resolution of Anoka Economic Development Commission Recommending the City Council Proceed with the Redesign and Improvement of Green Haven Golf Course. EDC Commissioner Jeff Lee said he enjoyed serving on the EDC and considering development through its lens as Anoka was a good place to live and do business. He said the golf course expansion would be a strong enhancement to the community and would pay off over time and noted adoption of all three resolutions was unanimous. Councilmember Skogquist referred to the cost benefit debate for the golf course and asked if the EDA had considered cost impacts as part of their review. Commissioner Lee responded the EDA discussed costs with Green Haven Golf Course Director Larry Norland as well as current ways to increase revenue and determined one way included the driving range and said they believed the redesign would enhance the course’s desirability for the City and would be good. Councilmember Barnett spoke about the funding and pay off for improvements and said the expansion would require funds from several different areas of taxpayer dollars during a time of inflation and other costs and that Anoka would not see a return on its investment for the resident for a long time. Motion by Councilmember Wesp seconded by Councilmember Weaver, to adopt a resolution acknowledging the EDC’s resolution recommending the City Council proceed with the redesign and improvement of Green Haven Golf Course. June 21, 2022 (Regular) Page 5 of 12 Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 7.1.B. EDC Resolution 2022-02; Resolution of Anoka Economic Development Commission Recommending Planning and Improvements to the 7th Avenue East River Road Area of the City of Anoka. Commissioner Lee spoke about how people access outside of Anoka and current road construction projects that will result in enhanced curb appeal and how drivers coming from the east on Highway 10 and how 7th Avenue and East River Road was not the same experience and how the area had been neglected and would improve the entire City. Councilmember Weaver spoke about how Coon Rapids had spent a lot of time on improvements to East River Road in the Port Riverwalk area up to Mercy Hospital but noted East River Road was an Anoka County road. Mr. Borglund referred to the proposed resolution and post highway construction going forward into 2025. Councilmember Skogquist asked about the differences in this area of the City and appreciated the EDC creating a realistic plan and schedule. Motion by Councilmember Weaver seconded by Councilmember Barnett, to adopt a resolution acknowledging the EDC’s resolution recommending the planning and improvements to the 7th Avenue East River Road Area of the City of Anoka. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 7.1.C. EDC Resolution 2022-03; Resolution of Anoka Economic Development Commission Recommending the City Council Not Allow the Expansion of the Anoka County Jail Facility in the City of Anoka Downtown Area. Mr. Borglund said the EDC believes the expansion of the jail will have adverse effects on the image and efforts in making the downtown area a desirable destination. Commissioner Lee spoke about public safety concerns and how this expansion was not good economically for the City as the downtown area was very important and this expansion would be contradictory. Councilmember Wesp thanked the EDC for their work and the impacts this expansion would have which would be extremely challenging and suggested June 21, 2022 (Regular) Page 6 of 12 forwarding this resolution to the Anoka County Board and encourage them to look at other options. Councilmember Weaver spoke about discussions with some Anoka County boardmembers and the financial impact of almost half a billion dollars. Councilmember Skogquist asked about next steps in this process. City Manager Greg Lee responded the task force meets on July 14 comprised of Council and selected members of Anoka County to discuss the expansion further. Motion by Councilmember Skogquist seconded by Councilmember Wesp, to adopt a resolution acknowledging the resolution recommending the City Council Not Allow the Expansion of the Anoka County Jail Facility in the City of Anoka Downtown Area. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 a. ORD/Amending Chapter 2, Article IV, Division 3; Human Rights Commission. (2nd Reading) ORDINANCE Mr. Lee shared a background report stating at their meeting on March 30, 2022, the Human Rights Commission (HRC) met and reviewed and discussed their mission, vision, goals, bylaws, and brochure and the City Code section on the Human Rights Commission. The HRC members attended the City Council worksession and discussed their proposed changes to the listed documents and at the worksession one of the sponsors of the referendum petition spoke that he did not agree with some of the changes to the City Code that the Human Rights Commission is proposing. At the June 6, 2022, meeting the City Council approved the first reading of the proposed City Code changes. The Council also requested that the Human Rights Commission speak with the sponsors of the petition to see if they could reach a compromise in the proposed City Code changes. The sponsors were provided a copy of the HRC’s proposed changes and the HRC received a response from the sponsors that they would like to see to the HRC’s proposed changes. The HRC and sponsors held a discussion on June 13 after which the HRC stated they would prefer to present their original changes to the Council for adoption and not make any changes at this time. Chairperson Chholing Taha explained that while they may be amendable to considering making the sponsors suggested changes in the future, at this time, they would like to get the City Code amended to meet the new June 21, 2022 (Regular) Page 7 of 12 focus and mission of the HRC so that they may get to work implementing the resources information. Councilmember Barnett said she listened to the meeting and said it provided a good opportunity to talk through the ideas and spoke how HRC Chair Taha listened and gathered input and was open to other changes in the future but wanted to focus the Commission as a resource conduit that was neutral and non-politicized and that she was comfortable with that direction. Councilmember Skogquist said it was important to have this Commission and how the goal should be broader then shared a story about interacting with the people and the soft way the HRC could be involved in the community. He said he was not pleased with limiting some aspects of the HRC and suggested it be structured similar to the Waste Reduction and Recycling Board and how he would like to see the HRC attend some community events throughout the year to help educate the community on their work and presence. Councilmember Weaver said he would support the goals and mission statement as stated by the Commission and allow them to evolve on their own, adding while these are great suggestions felt it should be up to the Commission. Councilmember Barnett shared the community gardens were created a number of years ago by the HRC but since staff has executed all the work involved with the gardens and was going very well. She suggested the HRC become a resource that should be shared with the public and include an open forum during their meetings and provide email contacts when requested for potential resources for concerns. Jody Anderson, Anoka, petitioner for the HRC, shared the need for a voice in the City and said the Commission was not well defined before. She spoke about how all people were unique and the goal was to keep the Commission in place. She shared the difficulties encountered for marginalized people to feel comfortable enough to share and how the Commission was not given the time to develop and reasons for the petition. Ms. Anderson spoke about the importance to have a non-threatening place to share concerns within the community and how all residents were valued, not just those with the loudest voice. She thanked the City for keeping the Commission in place even though the petitioners’ basic suggestions were not included. Motion by Councilmember Weaver seconded by Councilmember Barnett, to hold second reading and adopt an ordinance amending Chapter 2, Article VI, Division 3, Human Rights Commission. Councilmember Barnett responded the Commission would remain in place then shared about Ms. Anderson’s comments at the HRC meeting regarding how some were uncomfortable approaching the Council and the hope that those who feel marginalized would be comfortable approaching Commissioners instead. She spoke about how the petitioners heard about other topics during their discussions with residents that included June 21, 2022 (Regular) Page 8 of 12 the lack of communication around the jail expansion, concerns about the social district and the hope to move from plastic to paper straws in the downtown area and how the general concept of the HRC included open communication and providing resources and how the City can use the HRC to help residents and direct them. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Weaver and Wesp voted in favor. Councilmember Skogquist voted nay. Motion carried. 9.2 b. ORD/Ordinance Repealing ORD-2021-1738; Reversing the Decision to Eliminate the Human Rights Section of the City Code and Decommissioning the Human Rights Commission as a City Commission. (2nd Reading) ORDINANCE Mr. Lee shared a background report stating at the May worksession, the Council met with the Human Rights Commission and discussed their proposed mission, vision, and duties. At the worksession, the Council provided direction to staff to draft an ordinance that repeals ordinance ORD-2021-1738, which was adopted in 2021 and was intended to repeal Chapter 2, Article VI, Section 3, Human Rights Commission of the City Code, and to decommission the Human Rights Commission from being a City Commission. Subsequently after the passage of ORD-2021-1738, the City received a referendum petition proposing the repeal of an ordinance to amend Chapter 2 of Anoka City Code, Repealing Article VI, Division 3 Human Rights Commission a copy of which ordinance. After further review and consultation with the Human Rights Commission members, the City’s position has changed. The ordinance repeals the previous ordinance ORD-2021- 1738, retains Chapter 2, Article VI, Section 3 Human Rights Commission of the City Code and retains the Human Rights Commission as a City Commission, an advisory board to the City Council. Motion by Councilmember Barnett seconded by Councilmember Skogquist, to hold second reading and adopt an ordinance Reversing the Decision to Eliminate the Human Rights Section of the City Code and Decommissioning the Human Rights Commission as a City Commission. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.2 RES/Establishment of Municipal Primary; Mayoral Position. RESOLUTION Mr. Lee shared a background report stating City Charter requires that if three or more individuals file an Affidavit of Candidacy for the Mayor’s position that a primary must be declared for that office for the purpose of selecting two candidates for the November 8 June 21, 2022 (Regular) Page 9 of 12 General Election. The City received Affidavits of Candidacy for the office of Mayor from three individuals: Virginia Louden, Phil Rice, and Clayton R. Shepard. Councilmember Barnett confirmed all polling locations will be open for this race. Councilmember Wesp noted August 9 already was a state-wide primary but that the mayoral race will include a primary. Motion by Councilmember Skogquist seconded by Councilmember Wesp, to adopt a resolution establishing a municipal primary election for the selection of candidates for the Office of Mayor. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.3 RES/Appointment of Election Judges for 2022 Elections. RESOLUTION Mr. Lee shared a background report stating on Minnesota Statute 204B.21 requires the City Council to approve the appointment of election judges. Wages for the election judges is paid out of the 2022 Election Budget and generally, each precinct will have eight election judges working. He said unfortunately, this year we had several judges who have opted not to work as an election judge and that staff was working through the City website and social media to find more judges. Mayor Rice encouraged the community to serve as an election judge. Motion by Councilmember Wesp seconded by Councilmember Skogquist, to adopt a resolution of appointment of election judges for the 2022 elections. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS 11.1 New Special Event Permit; Anoka Vintage Fest, October 8, 2022. Mr. Lee said Brandon Altenweg of Amore Antiques has completed and submitted a Special Event Permit Application to host Anoka Vintage Fest on Saturday, October 8, from 10 a.m. – 6 p.m. at Area B2, 2nd Ave. from Main Street to Jackson Street directly outside his business. He has consulted with the businesses June 21, 2022 (Regular) Page 10 of 12 on that section of street and all are either participating in their event or have given their consent. He anticipates hosting this twice per year (June & October) beginning in 2023. The purpose of the event is an antique and vintage flea market. There will be room for 32 vendors to purchase space to sell their goods. Set up will be from 7 a.m.- 10 a.m. Tear down is from 6-8 p.m. Expected attendance is about 500 people throughout the day. A street closure is requested for that section of 2nd Avenue between Main and Jackson Streets. Public Services agrees to the street closure; however, Police and Fire are concerned with additional impacts to motorists due to the Highway 10 road construction (detours, more traffic, etc.). Public Safety personnel are recommending the event be held at in Area A1 or A2 of the City’s defined event areas instead and are requesting the City Council to make the decision of which area the event should be held (B2 or A1/A2). Councilmember Skogquist asked more about concerns from police and fire and traffic impacts as a result of the event. Chief Peterson said their only concern is the control change on Main Street and closing the turn lane which requires more attention from staff. He said the closure would provide no more hazard but is usually reserved for much larger events and while he believed it could be done successfully and the times are acceptable staff would prefer events in other locations whenever possible. Councilmember Wesp thanked police for their patience with the number of special events in the City. Councilmember Barnett asked if the fee helps cover the additional staff costs and if the City was being compensated. Mr. Lee said the fee does cover the cost of the barricades. Chief Peterson said the department does require reimbursement by the applicant to address additional charges, especially when there is alcohol involved. Mayor Rice stated this was a small event overall and compared it to Jam by the Dam and the road closure and asked if the 50% donation could be more. He noted with businesses in view of the A-2 parking lot he would prefer the event be located in a parking lot as it would not require closing the street and agreed closures should be reserved for larger events. Councilmember Weaver made a motion to approve the Special Event Permit; Anoka Vintage Fest, October 8, 2022, contingent upon confirmation of approval of alcohol service on the street and if not, then all alcohol must be contained within the establishment. Councilmember Wesp seconded the motion. Vote taken. All ayes, Mayor Rice voting nay. Motion carried. June 21, 2022 (Regular) Page 11 of 12 12. UPDATES AND REPORTS 12.1 1st Quarter Financial Report. Finance Director Brenda Smith shared the City’s 1st quarter financial report stating revenues were up $1.6 million from last year due to the increased rates in electric and expenses were up $207,000 due to the difference in the $3 million decrease in Highway 10 land acquisition. She said total revenues were $11.8 million and total expenditures $18 million. She compared general fund revenue over the past years and explained how taxes increased from 2021 to 2022 then spoke about changes in reserves for the repair of the Walker roof in the City parking fund and building fund for park maintenance building. Ms. Smith spoke about the amount in the park street renewal fund, reviewed current investment types, and said the City continues to be fiscally responsible. Councilmember Skogquist commented on the capital investment discussions that were occurring as part of the budget process and shared that similar to the Police Chief’s request for $330,000 a few years ago that included evidence and analysis to help explain the reason for the request that staff provide similar data as part of this year’s budget process for all departments. 12.1 Legislative Updates. Mr. Lee said this agenda item allowed for the opportunity to discuss any bills of significance or direction from the Council during the legislative session. 12.2 Tentative Agenda(s). The Council reviewed the tentative agendas of the upcoming Council meetings. 12.3 Staff and Council Input. Councilmember Weaver suggested Electric Utility Director Greg Geiger report on shifts towards renewable energy and the potential for power shutoffs and the public’s concerns, especially with high summer temperatures. Councilmember Skogquist suggested including a representative from MMPA as well to best understand impacts and possible solutions. Councilmember Barnett said the discussion should also include the need for security of the City’s electric and water infrastructure. ADJOURNMENT Councilmember Weaver made a motion to adjourn the Regular Council meeting. Councilmember Wesp seconded the motion. June 21, 2022 (Regular) Page 12 of 12 Vote taken. All ayes. Motion carried. Time of adjournment: 8:48 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk